FAQ's on Permitted Development
The 'Permitted Development' web
site (PD England) is owned and run by the Christopher Hunt Practice ( CHP )
who is an independent Planning & Building Design
consultancy specialising in residential development.
Here is a list of frequently asked questions relating to
Permitted development. It may not be fully concise but it may
answer some of your question before you have to make
contact.
QUOTE: "Government is the great fiction, through which
everybody endeavors to live at the expense of everybody
else."
Q: I think my
scheme is Permitted Development but the council disagree. What
should I do?
A: Seek an alternative
opinion from an experienced Building Designer or Planning Agent
to test your theory. Then obtain a drawing of your intensions
and submit a Certificate of Lawful Development to the Council
Planning Dept.
Q: I have already built a scheme
some time ago and now selling my home. The purchasers surveyor
/ solicitor is querying whether or not it needed planning -
what do I do?
A: If the building / extension is
over 4 years old & you can prove it then tell the
purchasers Agents that the Council can no longer take action
even if it did need planning permission and let sleeping dogs
lay. If they persist in obtaining a more formal written
confirmation and they will not proceed with the house purchase
without such evidence then you will have to provide drawings
and submit a Certificate of Lawful Development to the
Council.
Q: The Planning Department are
refusing to answer my questions whether or not the scheme I
want to build is in fact Permitted Development. What should I
do next?
A: This is getting more
common as time goes on. The council will either have a 'paid
for' informal advice route where you will have to provide
written details and pay a fee or they will have the more formal
legal route for applying for a Certificate of Lawful
Development. If you do not want to take a chance then you have
no choice but to use one of these two fee paying routes.
Q: My council did tell me over the
phone (or via a meeting) that my scheme was permitted
development but now it is built they are telling me that it now
requires formal planning consent. What do I do?
A: The councils previous advice
is informal and as such not legally binding (I wish we
could all get away with that caveat!) You have probably
fallen into a technical trap. You either adjust the building so
that it does comply with a PD building or apply for
retrospective planning permission. The Case Planning Officer
should be able to give you an indication whether or not they
would support the scheme.
Q: I was told a long time ago
that my scheme was not a permitted development type of
building. I think the new PD criteria may allow it. Will the
Planners previous decision prejudice a fresh approach?
A: No. There are now a great
many schemes being resurrected that were either refused
planning or denied PD now being built under the revised
permitted development rules. Do check with your council
first though and obtaining a Certificate of lawfulness is
recommended.
Download
documents and diagrams of useful
Permitted
Development information

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